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recordings in court? Louisiana

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  • recordings in court? Louisiana

    lets say person A made a threat recorded threat to person B?Lets say person A decides to summon that recording ,and person B say,there is No recoeding.In court when person B decides to use that recording in court.What kind of trouble can person B get into?

  • #2
    Let's say we've all read your other post.

    The mother of your buddy's son will not get into any trouble if she attempts to use the recording. What you have heard is wrong. There are no charges she can face for disclosing the contents of the tape if there is no order from the judge saying they can't be disclosed.

    The tape will not necessarily be considered admissible. There's no guarantee that the judge will let the tape into evidence. But the mother is not in any danger if she gives the tape to her lawyer.

    Now, your buddy, who made the threats? Yes, HE can get into trouble if they're found to be creditable.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      (I didn't read the other thread)

      If OP is inquiring as to whether B can be in trouble for lying in court about the existence of the tape - technically yes, B can be found guilty of perjury.

      However perjury is very, very rarely prosecuted.

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      • #4
        He's worried about a buddy of his, who made threats against his son's mother. Those threats were recorded. He "has heard" that if the mother attempts to use the tape in court, she can face charges for disclosing the contents of the tape. No explanation as to why she should be so restricted.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          I dont guess ,Iwas clear ,thats my fault.My buddy made the threat to the mothers freind.Can the mother use that?Sorry for not being clear.Its not even a full coversation thats recorded from what I hear!!!He has proof of a more stable enviroment,and she lives in an area where 4 sex offenders live on the block..
          Last edited by ipaduser; 02-16-2013, 01:25 PM.

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          • #6
            Yes, the mother can use that if the judge considers it admissible evidence. Unless there is a court order that the contents of the tape cannot be used, the only person who is in any danger from that tape is the person who made the threats...i.e., your buddy.

            Now, that doesn't mean that a judge WILL let it into court. But your question was whether the mother can face any charges regarding the tape, and the answer is no.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              is there any ways that it could be possibly thrown out?He did this over a year ago

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              • #8
                There could be a dozen ways it could be thrown out. That's what I'm saying. There is no guarantee the judge will let it in.

                But just because the judge says it's not admissible doesn't mean that the mother will face any charges for attempting to get it in.

                We don't have anywhere NEAR enough information to guess if the judge will let it in or not. But yes, it's entirely possible that it would not be admissible. That's a different question entirely from who is in likely legal trouble, however.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Could you possibly list some it could be thrown out?I think thats what he is looking for...

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                  • #10
                    That's going above and beyond what a message board can do, at least with the facts we have available.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                    • #11
                      well.He basically threaten her life..

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                      • #12
                        We still don't know what any individual judge will do on any individual case.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                        • #13
                          If he thinks that his ex is going to use the recording of him making that kind of threat against him, whether it's in family court or criminal court, he cannot afford not to contact an attorney. That is far more serious than a message board can advise him on, and if it does make it into family court, it's not going to serve him well. Do you really think a judge is going to give custody to someone who is making death threats?

                          He needs an attorney, now.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                          • #14
                            hes getting one Monday..the mother is trying to take the baby ,but it is just a defense the papers say "change of circumstances" is the reason for showing up for court.He wont be getting full custody anyway if he wins,things will just stay the same..50/50...The mother is trying to take the son and move..I was told the judge thats gonna be trying the hearing frowns on that,the enviroment the mother is the child to is VERY bad,and he hired a p.i. to take a video of the residence withe surroundings..there is even 4 sex offenders that live within one block.He can prove all of this in court ,once he gets his evidence organized.Thats why I was wondering if there is anything he can do to get it thrown out..He is worrying himself to death.I mean he is going to have everything in his favor,except the threat,thats the friend recorded against herself..
                            Last edited by ipaduser; 02-16-2013, 03:10 PM.

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                            • #15
                              Threatening her life is a pretty big thing, wouldn't you agree?

                              Lawyer. Not message board. Lawyer.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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